BILL NUMBER: AB 435	CHAPTERED  10/10/99

	CHAPTER   766
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JUNE 2, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Corbett
   (Coauthors:  Assembly Members Aanestad, Alquist, Aroner, Cardoza,
Knox, Kuehl, Longville, and Washington)
   (Coauthors:  Senators Sher and Solis)

                        FEBRUARY 12, 1999

   An act to add Section 56.31 to the Civil Code, and to amend
Section 3762 of the Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 435, Corbett.  Workers' compensation:  medical records:
disclosure.
   (1) Existing law provides that medical information and records
that are obtained as a result of a claim for workers' compensation
are exempt from the Confidentiality of Medical Information Act.
   This bill would provide that the exemption is not available with
respect to the disclosure or use of medical information regarding the
human immunodeficiency virus (HIV) without a patient's prior
authorization unless the patient is an injured worker claiming to be
infected with or exposed to the virus through an exposure incident
arising out of and in the course of employment.  The bill would
express legislative intent relating to the above changes that would
be made by the bill.
   (2) Existing law requires an insurer to discuss all elements of
the claim file in a workers' compensation claim that affect the
employer's premium, except as specified.
   This bill would prohibit, with certain exceptions, the disclosure
to an employer of medical information about an employee who has filed
a workers' compensation claim.
   (3) Existing law makes a violation of the Confidentiality of
Medical Information Act which results in economic loss or personal
injury to a patient a crime.
   This bill, by including medical records and information subject to
the Confidentiality of Medical Information Act that previously were
excluded, would broaden the scope of that crime, thus would impose a
state-mandated local program.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 56.31 is added to the Civil Code, to read:
   56.31.  Notwithstanding any other provision of law, nothing in
subdivision (f) of Section 56.30 shall permit the disclosure or use
of medical information regarding whether a patient is infected with
or exposed to the human immunodeficiency virus without the prior
authorization from the patient unless the patient is an injured
worker claiming to be infected with or exposed to the human
immunodeficiency virus through an exposure incident arising out of
and in the course of employment.
  SEC. 2.  Section 3762 of the Labor Code is amended to read:
   3762.  (a) Except as provided in subdivisions (b) and (c), the
insurer shall discuss all elements of the claim file that affect the
employer's premium with the employer, and shall supply copies of the
documents that affect the premium at the employer's expense during
reasonable business hours.
   (b) The right provided by this section shall not extend to any
document that the insurer is prohibited from disclosing to the
employer under the attorney-client privilege, any other applicable
privilege, or statutory prohibition upon disclosure, or under Section
1877.4 of the Insurance Code.
   (c) An insurer, third-party administrator retained by a
self-insured employer pursuant to Section 3702.1 to administer the
employer's workers' compensation claims, and those employees and
agents specified by a self-insured employer to administer the
employer's workers' compensation claims, are prohibited from
disclosing or causing to be disclosed to an employer, any medical
information, as defined in subdivision (b) of Section 56.05 of the
Civil Code, about an employee who has filed a workers' compensation
claim, except as follows:
   (1) If the diagnosis of the injury for which workers' compensation
is claimed would affect the employer's premium, then an insurer may
disclose that diagnosis pursuant to subdivision (a).
   (2) Medical information regarding the injury for which workers'
compensation is claimed that is necessary for the employer to have in
order for the employer to modify the employee's work duties.
  SEC. 3.  The addition of Section 56.31 to the Civil Code by this
act is not intended either to abrogate the holdings in Allison v.
Workers' Comp. Appeals Bd. (1999) 72 Cal.App.4th 654, or to prohibit
a redaction decision by a workers' compensation judge from being
appealed to the Workers' Compensation Appeals Board.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
